Res 15-037RESOLUTION NO. 15 -037
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING AN ADJUSTMENT TO EDCO WASTE
AND RECYCLING SERVICES' RATE SCHEDULE
AND RESCINDING RESOLUTION NO. 13 -014
WHEREAS, the Public Resources Code Section 41901 provides local jurisdictions
the authority to assess solid waste fees to meet state - mandated costs associated with the
passage of AB 939; and
WHEREAS, the City Council awarded the exclusive Solid Waste Franchise
Agreement to Mashburn Waste and Recycling Services (Contractor) on September 21,
1994; and Mashburn became EDCO Waste and Recycling Services, Inc. in 1998; and
WHEREAS, the City Council revised Article 8 of the Franchise Agreement between
the City of Poway and EDCO Waste and Recycling Services by adding AB 939 fees as an
additional criterion for the annual adjustment of monthly rates upward or downward; and
WHEREAS, Article 8 of the Franchise Agreement requires City Council approval
prior to any increase in the contractor's service rates; and
WHEREAS, Article 8 of the Franchise Agreement allows the contractor to request
an adjustment to monthly rates due to the contractor's increased costs resulting from
changes in landfill disposal fees, and changes in the Consumer Price Index (CPI); and
WHEREAS, the current rate schedule has been revised to reflect the effects of a
1.08 percent landfill disposal fee increase, and a 1.284 percent change in the Consumer
Price Index (CPI) on the monthly rate per class of service provided in the City of Poway,
effective September 1, 2015; and
WHEREAS, the City Council of the City of Poway held a public hearing on August
18, 2015, notice of which was duly provided, and which was conducted, pursuant to the
provisions of Article XIIID of the California Constitution and the Proposition 218 Omnibus
Implementation Act (California Government Code section 57350 et seq.); and
WHEREAS, the City Council received a final tabulation of all written protests
received by the City Clerk at the August 18, 2015 City Council Meeting; and
WHEREAS, the City Council heard and considered all written and oral protests to
the proposed changes to the rates at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: Resolution No. 13 -014 is hereby rescinded.
Resolution No. 15 -037
Page 2
Section 2: The City Council finds that a total of 3 protests to the proposed
increase in rates were received at the time of the conclusion of the public hearing; such
protests fail to result in an amount necessary to achieve a majority protest.
Section 3: The attached "Schedule of Maximum Rates to be Charged and
Collected for Collection Services of Garbage or Rubbish in the City of Poway" effective
September 1, 2015, is hereby adopted as shown in Exhibit A.
Section 4: The fees adopted herein are for the exclusive right to collect from and
charge Poway customers for solid waste, recyclables, yard waste, compostables, and other
services at rates fixed by the City Council from time to time.
Section 5: The attached "Schedule of Maximum Rates to be Charged and
Collected for Collection Services of Garbage or Rubbish in the City of Poway" shall be
implemented on September 1, 2015 to correspond with the next regular billing cycle
following the effective date of the rate increase.
Section 6: The following tables provide the formula for future increases of the
"Schedule of Maximum Rates to be Charged and Collected for Collection Services of
Garbage or Rubbish in the City of Poway" to be charged through June 30, 2020.
Service Fee
The Franchise Agreement with EDCO allows for an annual increase of the service fee,
effective July 1 of each year. The following table uses a formula and the San Diego, CA
area Consumer Price Index (CPI) for All Urban Consumers (all items), base period of
1982 -84 =100, published by the United States Department of Labor, Bureau of Labor
Statistics for the latest 12 -month period for which the statistics are available.
The adjustment is calculated by comparing the San Diego CPI for the second half of year
one (X) with the second half of year two (Y) which produces an index change. This number
is divided by the previous period (X) and multiplied by 100 which is the value used as the
multiplier for the service component of the base rate.
SERVICE
FEE PORTION FORMULA
Rate Increase
for Service Fee Portion
Previous CPI Second Half SD 2014
X
Previous CPI Second Half SD 2015
Y
Index Change
Subtract X from Y= Index Change
Percentage Change
Divide the Index ChanqLby X and multiply by 100 = Percentage Chan e
Rate Increase
for Service Fee Portion
Previous CPI Second Half SD 2015
X
Previous CPI Second Half SD 2016
Y
Index Change
Subtract X from Y= Index Change
Percentage Change
Divide the Index Change by X and MUltiDIv by 100 = Percenta a Change
Rate Increase
for Service Fee Portion
Previous CPI Second Half SD 2016
X
Previous CPI Second Half SD 2017
Y
Index Change
Subtract X from Y= Index Change
Percentage Change
Divide the Index Change by X and multiply by 100 = Percentage Change
Resolution No. 15 -037
Page 3
Rate Increase
Previous CPI Second Half SD 2017
for Service Fee Portion
X
Previous CPI Second Half SD 2018
Y
Index change
Subtract X from Y= Index Change
Percentage Change
Divide the Index Change by X and multiply by 100 = Percentage Change
Disposal Tip Fee
The Franchise Agreement with EDCO and the Regional Solid Waste Association allows
for an annual increase of the disposal tip fee, effective July 1 of each year. The following
table uses a formula and the Los Angeles- Anaheim - Riverside, CA area Consumer Price
Index (CPI) for All Urban Consumers (all items), base period of 1982 -84 =100, published
by the United States Department of Labor, Bureau of Labor Statistics for the latest 12-
month period for which statistics are available.
The adjustment is calculated by comparing the Los Angeles- Anaheim - Riverside CPI for
the latest 12 -month period for which statistics are available. The adjustment is calculated
by subtracting the previous CPI for December or year one (X) and the last CPI for
December or year two (Y) which produces an index change. This number is divided by the
previous period (X) and multiplied by 100 which is the value used as the multiplier for the
disposal tip fee component of the base rate.
DISPOSAL PORTION FORMULA
.. •. .
Previous CPI December LA 2014 X
Previous CPI December (LA) 2015
Y
Index Change
Subtract X from Y= Index Change
Percentage Change
Rate Increase
Previous CPI December LA 2015
Divide the Index Change by X and multi I b 100 = Percenta a Chan e
Disposal
for Portion
X
Previous CPI December LA 2016
Y
Index Change
Subtract X from Y= Index Change
Percentage Change
Rate Increase
Previous CPI December LA 2016
Divide the Index Change by X and multiply by 100 = Percentage Change
for Portion
Disposal
X
Previous CPI December (LA) 2017
Y
Index Change
Subtract X from Y= Index Change
Percentage Change
Divide the Index Change by X and multipl by 100= Percentage Change
No Rate Increase for FY 2019-20
Tip Fee Portion
This percent change may be adjusted by applying a calculation that includes, in part, a
modifier of the percent increase of the previous year's increase in waste tonnage. Any
adjustment to the base multiplier will modify the disposal tip fee component of the formula.
This cannot be determined in advance.
Section 7: This Resolution shall take effect immediately provided, however, that
the rescission of Resolution No. 13 -014 and the changes in the fees shall take effect on
September 1, 2015.
Resolution No. 15 -037
Page 4
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 18th day of August 2015.
Steve Vaus, Mayor
ATTEST:
Sheila . Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway do hereby certify, under
penalty of perjury, that the foregoing Resolution No. 15 -037, was duly adopted by the City
Council at a meeting of said City Council held on the 18th day of August 2015, and that it
was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Shei —l4-R, Cobian, CMC, City Clerk
City of Poway
ATTACHMENT: EXHIBIT A - SCHEDULE OF MAXIMUM RATES TO BE CHARGED
AND COLLECTED FOR COLLECTION SERVICES OF GARBAGE OR RUBBISH IN
THE CITY OF POWAY
Resolution No. 15 -037
Page 5
EXHIBIT A
SCHEDULE OF MAXIMUM RATES TO BE CHARGED AND COLLECTED FOR
COLLECTION SERVICES OF GARBAGE OR RUBBISH IN THE CITY OF POWAY
EFFECTIVE September 1, 2015 through June 30, 2016
Residential Services
Current
Proposed
EDCO Trash
EDCO Trash
Rate 7/1/13
Rate 9/1/15
Single Family weekly 35 -gal. waste cart, includes
$14.47
$14.62
recycling and yard waste (Billed to Occupant)
Single Family weekly 95 -gal. waste cart, includes
$20.91
$21.16
recycling and yard waste (Billed to Occupant)
Single Family weekly 35 -gal. waste cart, includes
$13.93
$14.09
recycling and yard waste (Billed to HOA)
Single Family weekly 95 -gal. waste cart, includes
$20.36
$20.59
recycling and yard waste (Billed to HOA)
Multi- family weekly 35 -gal. waste cart, includes
$14.47
$14.62
recycling and yard waste (Billed to Occupant)
Multi- family weekly 95 -gal. waste cart, includes
$14.88
$15.04
recycling and yard waste (Billed to Occupant)
Multi- family weekly 95 -gal. waste cart, includes
$14.28
$14.43
recycling and yard waste (Billed to HOA)
Special on -call pickup of items separate from and
$14.93
$15.12
dissimilar to items listed in section 5.3 of Agreement
(cost per item)
Surcharge of special on -call pickup of refrigerator or
$29.90
$30.28
other appliance that requires special handling due
to Freon or similar contaminants
Roll -out "scout" service (in addition to refuse
$22.95
$23.24
collection)
Fee for additional waste cart
$3.73
$3.78
Fee for additional recycling cart
No charge
No Charge
Resolution No. 15 -037
Page 6
Multi- family Services (Excludes Yard Waste)
Current
EDCO Trash
Rate 7/1/13
Proposed
EDCO Trash
Rate 9/1/15
1 -Cu. Yd. Bin Service- 1 X Week
$66.10
$66.92
1 -Cu. Yd. Bin Service- 2 X Week
$110.19
$111.53
1 -Cu. Yd. Bin Service- 3 X Week
$154.28
$156.16
1 -Cu. Yd. Bin Service- 4 X Week
$192.86
$195.19
1 -Cu. Yd. Bin Service- 5 X Week
$231.45
$234.23
1 -Cu. Yd. Bin Service- 6 X Week
$270.02
$273.28
2 -Cu. Yd. Bin Service- 1 X Week
$80.15
$81.11
2 -Cu. Yd. Bin Service- 2 X Week
$133.66
$135.26
2 -Cu. Yd. Bin Service- 3 X Week
$187.14
$189.39
2 -Cu. Yd. Bin Service- 4 X Week
$234.76
$237.54
2 -Cu. Yd. Bin Service- 5 X Week
$282.29
$285.63
2 -Cu. Yd. Bin Service- 6 X Week
$329.86
$333.76
3 -Cu. Yd. Bin Service- 1 X Week
$115.38
$116.79
3 -Cu. Yd. Bin Service- 2 X Week
$192.66
$194.98
3 -Cu. Yd. Bin Service- 3 X Week
$269.95
$273.18
3 -Cu. Yd. Bin Service- 4 X Week
$338.79
$342.83
3 -Cu. Yd. Bin Service- 5 X Week
$407.62
$412.48
3 -Cu. Yd. Bin Service- 6 X Week
$476.47
$482.13
4 -Cu. Yd. Bin Service- 1 X Week
$121.01
$122.47
4 -Cu. Yd. Bin Service- 2 X Week
$201.78
$204.18
4 -Cu. Yd. Bin Service- 3 X Week
$282.53
$285.87
4 -Cu. Yd. Bin Service- 4 X Week
$343.53
$347.57
4 -Cu. Yd. Bin Service- 5 X Week
$428.19
$433.20
4 -Cu. Yd. Bin Service- 6 X Week
$500.82
$506.68
5 -Cu. Yd. Bin Service- 1 X Week
$135.01
$136.63
5 -Cu. Yd. Bin Service- 2 X Week
$223.54
$226.18
5 -Cu. Yd. Bin Service- 3 X Week
$312.04
$315.69
5 -Cu. Yd. Bin Service- 4 X Week
$396.27
$400.88
5 -Cu. Yd. Bin Service - 5 X Week
$480.61
$486.20
5 -Cu. Yd. Bin Service- 6 X Week
$564.92
$571.48
6 -Cu. Yd. Bin Service- 1 X Week
$144.86
$146.59
6 -Cu. Yd. Bin Service- 2 X Week
$238.98
$241.77
6 -Cu. Yd. Bin Service- 3 X Week
$333.13
$337.00
6 -Cu. Yd. Bin Service- 4 X Week
$422.99
$427.88
6 -Cu. Yd. Bin Service- 5 X Week
$512.87
$518.77
6 -Cu. Yd. Bin Service- 6 X Week
$602.76
$609.68
Resolution No. 15 -037
Page 7
Multi- family Services (Includes Yard Waste)
Current
EDCO Trash
Rate 7/1/13
Proposed
EDCO Trash
Rate 9/1/15
1 -Cu. Yd. Bin Service- 1 X Week
$72.99
$73.90
1 -Cu. Yd. Bin Service- 2 X Week
$121.70
$123.19
1 -Cu. Yd. Bin Service- 3 X Week
$170.38
$172.46
1 -Cu. Yd. Bin Service- 4 X Week
$212.93
$215.52
1 -Cu. Yd. Bin Service- 5 X Week
$255.51
$258.61
1 -Cu. Yd. Bin Service- 6 X Week
$298.10
$301.72
2 -Cu. Yd. Bin Service- 1 X Week
$88.62
$89.70
2 -Cu. Yd. Bin Service- 2 X Week
$147.75
$149.52
2 -Cu. Yd. Bin Service- 3 X Week
$206.86
$209.34
2 -Cu. Yd. Bin Service- 4 X Week
$259.43
$262.54
2 -Cu. Yd. Bin Service- 5 X Week
$312.02
$315.74
2 -Cu. Yd. Bin Service- 6 X Week
$364.71
$369.06
3 -Cu. Yd. Bin Service- 1 X Week
$127.61
$129.18
3 -Cu. Yd. Bin Service- 2 X Week
$213.09
$215.68
3 -Cu. Yd. Bin Service- 3 X Week
$298.62
$302.22
3 -Cu. Yd. Bin Service- 4 X Week
$374.78
$379.28
3 -Cu. Yd. Bin Service- 5 X Week
$450.89
$456.30
3 -Cu. Yd. Bin Service- 6 X Week
$527.09
$533.40
4 -Cu. Yd. Bin Service- 1 X Week
$133.86
$135.48
4 -Cu. Yd. Bin Service- 2 X Week
$223.29
$225.97
4 -Cu. Yd. Bin Service- 3 X Week
$312.65
$316.37
4 -Cu. Yd. Bin Service- 4 X Week
$393.19
$397.86
4 -Cu. Yd. Bin Service- 5 X Week
$473.86
$479.46
4 -Cu. Yd. Bin Service- 6 X Week
$554.25
$560.79
5 -Cu. Yd. Bin Service- 1 X Week
$149.43
$151.23
5 -Cu. Yd. Bin Service- 2 X Week
$247.44
$250.39
5 -Cu. Yd. Bin Service- 3 X Week
$345.43
$349.51
5 -Cu. Yd. Bin Service- 4 X Week
$438.90
$444.06
5 -Cu. Yd. Bin Service- 5 X Week
$532.08
$538.32
5 -Cu. Yd. Bin Service- 6 X Week
$625.43
$632.77
6 -Cu. Yd. Bin Service- 1 X Week
$160.37
$162.16
6 -Cu. Yd. Bin Service- 2 X Week
$264.67
$267.52
6 -Cu. Yd. Bin Service- 3 X Week
$368.93
$372.86
6 -Cu. Yd. Bin Service- 4 X Week
$468.45
$473.38
6 -Cu. Yd. Bin Service- 5 X Week
$568.05
$573.98
6 -Cu. Yd. Bin Service- 6 X Week
$667.58
$674.52
Resolution No. 15 -037
Page 8
Commercial Services
Current
EDCO Trash
Rate 7/1/13
Proposed
EDCO Trash
Rate 9/1/15
1 -Cu. Yd. Bin Service- 1 X Week
$62.41
$63.20
1 -Cu. Yd. Bin Service- 2 X Week
$112.07
$113.47
1 -Cu. Yd. Bin Service- 3 X Week
$164.35
$166.40
1 -Cu. Yd. Bin Service- 4 X Week
$216.63
$219.33
1 -Cu. Yd. Bin Service- 5 X Week
$268.92
$272.28
1 -Cu. Yd. Bin Service- 6 X Week
$321.19
$325.20
2 -Cu. Yd. Bin Service- 1 X Week
$73.47
$74.37
2 -Cu. Yd. Bin Service- 2 X Week
$141.53
$143.27
2 -Cu. Yd. Bin Service- 3 X Week
$209.61
$212.19
2 -Cu. Yd. Bin Service- 4 X Week
$277.73
$281.14
2 -Cu. Yd. Bin Service- 5 X Week
$345.70
$349.93
2 -Cu. Yd. Bin Service- 6 X Week
$413.83
$418.90
3 -Cu. Yd. Bin Service- 1 X Week
$106.34
$107.66
3 -Cu. Yd. Bin Service- 2 X Week
$178.07
$180.23
3 -Cu. Yd. Bin Service- 3 X Week
$249.85
$252.87
3 -Cu. Yd. Bin Service- 4 X Week
$313.94
$317.73
3 -Cu. Yd. Bin Service- 5 X Week
$378.02
$382.58
3 -Cu. Yd. Bin Service- 6 X Week
$442.14
$447.46
4 -Cu. Yd. Bin Service- 1 X Week
$112.34
$113.70
4 -Cu. Yd. Bin Service- 2 X Week
$189.99
$192.27
4 -Cu. Yd. Bin Service- 3 X Week
$267.65
$270.83
4 -Cu. Yd. Bin Service- 4 X Week
$345.33
$349.44
4 -Cu. Yd. Bin Service- 5 X Week
$423.17
$428.20
4 -Cu. Yd. Bin Service- 6 X Week
$500.65
$506.59
5 -Cu. Yd. Bin Service- 1 X Week
$125.99
$126.98
5 -Cu. Yd. Bin Service- 2 X Week
$248.17
$251.16
5 -Cu. Yd. Bin Service- 3 X Week
$370.31
$374.74
5 -Cu. Yd. Bin Service- 4 X Week
$492.47
$498.37
5 -Cu. Yd. Bin Service- 5 X Week
$614.70
$622.09
5 -Cu. Yd. Bin Service- 6 X Week
$736.87
$745.72
6 -Cu. Yd. Bin Service- 1 X Week
$135.86
$137.48
6 -Cu. Yd. Bin Service- 2 X Week
$271.68
$274.92
6 -Cu. Yd. Bin Service- 3 X Week
$407.58
$412.44
6 -Cu. Yd. Bin Service- 4 X Week
$543.40
$549.90
6 -Cu. Yd. Bin Service- 5 X Week
$642.21
$649.84
6 -Cu. Yd. Bin Service- 6 X Week
$806.23
$815.87
Resolution No. 15 -037
Page 9
Commercial Recycling Services
Current
EDCO Trash
Rate 7/1/13
Proposed
EDCO Trash
Rate 9/1/15
Weekly 2 -Cu. Yd. Bin Service
$31.96
$32.37
Weekly 3 -Cu. Yd. Bin Service
$39.91
$40.42
Weekly 4 -Cu. Yd. Bin Service
$47.90
$48.52
Weekly 5 -Cu. Yd. Bin Service
$55.86
$56.58
Weekly 6 -Cu. Yd. Bin Service
$55.86
$56.58
95- Gallon Recycling Cart
$16.33
$16.54
Industrial Debris Box Services
Current
EDCO Trash
Rate 7/1/13
Proposed
EDCO Trash
Rate 9/1/15
Total Scheduled Debris Box Serviced Monthly
$165.06
$167.18
Unscheduled Debris Box Pulls (40 -Cubic Yards)
$177.81
$180.10
3 -Cubic Yard Bin - 3 -Day Rental
$59.20
$59.96
3 -Cubic Yard Bin - 1 -Month Rental (Once -a -Week
Emptying [Preliminary Construction & Remote])
$236.10
$239.14
Additional Dump of 3 -Cubic Yard Bin
$27.02
$27.37
Daily Roll -Off Rental
$4.78
$4.84
Locking Lid Set Up
$9.33
$9.45
Daily Impound Fee for Storage of Unauthorized
Containers
$21.12
$21.39
Service Charge to Reinstate Collection Services
After Termination for Non - Payment
$13.59
$13.76